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What is our position if the buyer is not willing to pay the rights over our property?

Civil Law

Antonio Flores Vila

24th of January 2002

Q. I have given the estate agent permission to complete a sale for me on condition that they will repay me the downpayments already given once they have resold the propety. After 12 months we still have not got our money back. What can we do?


    A. If the sale was subject to that condition, and that condition has not been complied with, I understand that there is not sale, as the refund of your downpayment is, in a away, a confirmation of the sale.

    I suggest you let the lawyer know that you will not confirm any of his acts and refuse to pass on your rights over that property (presumably on construction), until such time you are paid. In addittion to this, I would inform the agent, and if possible the buyer, that he (the buyer) will not own anything until the condition of reimbursement is fulfilled.

    In any case, I suggest a lawyer is hired for this purpose, as well as overseeing the transaction as a whole, as I have not seen the documentation signed and the wording may indicate a different course of action.

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